Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer of Deeds and Names on Title Deeds of any House / Apartment / Flat.
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 7 . . .
Transfer of Deeds or Names on Title Deeds
Execution of Deeds by individuals
People unable to read or understand a Deed
If the signatory does not understand the English language (or Welsh if the Deed has been drawn up in Welsh), they could read a copy in their own language or have it read out in that language.
In each of the above cases, Land Registry recommend that the individual's Conveyancing Solicitors and Property Lawyers witnesses the signature as confirmation that a proper procedure has been followed. The facts of the case can be recorded by way of an amendment to the attestation clause as shown below.
Modification of the words of execution will mean that they no longer follow the prescribed wording. However, Conveyancing Solicitors and Property Lawyers may make "such alterations and additions, if any, as the Registrar may allow" (rule 206(3) Land Registration Rules 2003).
Land Registry will accept a clause in the following terms without the need for specific approval in advance:
Signed as a Deed by
[full name of individual] . . . . . . (signature)
in the presence of the
undersigned, [he/she] having
first confirmed that [he/she] had
familiarised [himself/herself] with its
contents by (state method used)
Signature of witness:
Name (in block capitals)
Address:
People physically unable to sign
Some individuals may be physically incapable of signing a Deed. This may be as a result of illness or disability. A deed may be validly executed by an individual if it is signed at their discretion and in their presence and the presence of two witnesses who each attest the signature (section 1(3)(a)(ii) Law of Property (Miscellaneous Provisions) Act 1989). The usual words of execution should be suitably modified to reflect the method of execution. In transfers of registered Property and other deeds whose form is prescribed Conveyancing Solicitors and Property Lawyers should use the following words of execution (or their Welsh equivalent) when an individual executes the Deed by directing another to sign on their behalf.
Signed as a Deed by
[full name of person signing] (sign here the name of the
at the direction and on behalf individual and your own name eg
of (full name of individual) in John Smith by Jane Brown
[his/her] presence at in the
presence of:
Signature of first witness
Name (in block capitals)
Address:
Signature of second witness:
Name (in block capitals)
Address:
This method of execution is appropriate if the individual is unable to sign at all. If the individual is able to sign (which includes making their mark) whether by hand, foot or mouth, it may be preferable to use the ordinary method of execution.
People signing in foreign characters:
A signature in foreign characters still constitutes a signature complying with the requirements for a valid deed. However, where any instrument is executed in foreign (ie non-Roman) characters, such as Arabic or Chinese characters, Land Registry will require either:
- the words of execution to be expanded to confirm that the signatory understands English or that the signatory has familiarised themselves with its contents (perhaps by having had it ready out in their native language) or
- a separate certificate to that effect given by the Conveyancing Solicitors and Property Lawyers acting for the signatory.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 9 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds 9)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB
Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
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Manchester
City Centre Serviced Office - Conference rooms are also
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Manchester
Conveyancing Solicitors | Ford
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Manchester
M2 4PD
Tel: 0161 866 8574
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